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DE&I had a mixed year, thanks to new worker protections on one hand and smaller budgets and calls for the elimination of corporate diversity efforts on the other.
Here’s a quick look at some of the biggest DE&I stories from 2023.
Affirmative action struck down. Perhaps the biggest story of the year, which stirred doubt over the future of DE&I programs, was on June 29, when the Supreme Court, in a 6–3 decision, struck down affirmative action, barring colleges from race-conscious admissions.
Employers have since faced several lawsuits claiming their DE&I initiatives are discriminatory. Some research indicates there may be a shift in DE&I strategy moving forward, but legal experts say that the affirmative action decision does not legally impact the workplace.
Weight and height discrimination banned. In May, New York City enacted legislation banning discrimination based on height and weight, providing workers and job-seekers with new protections.
“These laws align with broader efforts to ensure that workplaces are free from biases and discrimination,” Jessica Childress, managing attorney of employment law at Childress Firm PLLC, told Newsweek.
Accommodations for pregnant people. The Pregnant Workers Fairness Act went into effect on June 27. Modeled after the Americans with Disabilities Act, it requires employers to provide “reasonable accommodations,” such as more bathroom breaks and less physical labor, to pregnant employees to help them remain in the workforce throughout their pregnancy, CBS News reported.
Pay transparency. Hawaii and Illinois became the latest states to pass pay transparency laws this summer, following California, Colorado, and Washington State, as well as municipalities, including New York City. The legislation requires employers to share salary ranges for open positions, and is one way, equity advocates say, to help eliminate the gender pay gap, which has largely stalled for the last two decades.
“All companies should be preparing to move in the direction of full pay transparency by taking the necessary steps to build or update a solid foundation in their job architecture and in educating their workforce,” Ciara Harrington, CPO at Skillsoft, told SHRM.
Increased Islamophobia and antisemitism. The Israel-Hamas War that began on Oct. 7 has led to more Islamophobia and antisemitism throughout the US, including in the workplace, according to SHRM.
Companies from Starbucks to JPMorgan Chase have tried to find a message that supports both Israeli or Jewish and Palestinian or Muslim employees, as some have expressed feeling isolated or spoken out against their employer’s response to the conflict.
We’re closely watching the DE&I sector, so stay tuned for another undoubtedly busy year ahead.